Ita/202/2018 Of Shri S P Hombanna v. The Income Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16 DAY OF NOVEMBER, 2021 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MR. JUSTICEHANCHATE SANJEEVKUMAR I.T.A.No.202/2018 BETWEEN : SHRI S.P.HOMBANNA SOUNDARYA CONSTRUCTIONS #327, 12 A MAIN, 6 BLOCK, RAJAJINAGARA, BENGLAURU-560 010 PAN: ...APPELLANT (BY SRI A.SHANKAR, SENIOR COUNSEL A/W SRI M.LAVA, ADV.) AND : THE INCOME TAX OFFICER WARD-9(2), BMTC BUILDING, 80 FEET ROAD, 6 BLOCK, KORAMANGALA, BENGALURU-560095 …RESPONDENT (BY SRI E.I.SANMATHI, ADV.) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 02.11.2017 PASSED IN ITA NO.708/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010 PRAYING TO I) TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ANSWER THE SAME IN FAVOUR OF THE APPELLANT. II) TO ALLOW THE APPEAL AND SET ASIDE THE FINDINGS THEREIN TO THE EXTENT AGAINST THE APPELLANT IN THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU ‘C’ BENCH, BENGALURU IN ITA NO.708/BANG/2014 DATED 02.11.2017 FOR THE ASSESSMENT YEAR 2009-2010 (VIDE ANNEXURE-A). THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING: J U D G M E N T Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads thus:- “1. The above named Appellant has filed Income Tax Appeal under Section 260A of the Income Tax Act, 1961 challenging the order passed by the Income Tax Appellate Tribunal for the Assessment Year 2009-10. 2.The Appellant filed Form-1 and Form-2 for declaration and undertaking for paying taxes on disputed income under the scheme named The Direct Tax Vivad Se Vishwas Act, 2020 for the Assessment Year 2009-10. Thereafter, the Commissioner of Income Tax, Bengaluru - 1 issued Form – 3 certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Viswas Act, 4. 2020 dated 09.04.2021, after verifying Form – 1 and Form – 2. Copy of the Form – 3 is enclosed herewith for this Hon’ble Court’s reference and records. Wherefore, in view of the above submissions the Appellant humbly prays this Hon’ble Court may be pleased to permit the Appellant to withdraw the above Income Tax Appeal with liberty to revive, in case, if the dispute is not settled under the scheme the Direct Tax Vivad Se Vishwas Act, 2020 in the interest of justice and equity.” The memo is placed on record. The appeal stands disposed of as withdrawn in terms of the memo. Sd/- JUDGE Sd/- JUDGE PMR